BANGKOK TREATY TEXT
TREATY ON THE SOUTHEAST ASIA
NUCLEAR-WEAPON-FREE ZONE
(BANGKOK TREATY)
Opened for signature in Bangkok: 15 December
1995
Entered into force: 27 March 1997
Depositary Government: Thailand
Preamble
The States Parties to this Treaty:
Desiring to contribute to the realization of the pur-
poses and principles of the Charter of the United Na-
tions;
Determined to take concrete action which will con-
tribute to the progress towards general and complete
disarmament of nuclear weapons, and to the promo-
tion of international peace and security;
Reaffirming the desire of the Southeast Asian States
to maintain peace and stability in the region in the
spirit of peaceful coexistence and mutual understand-
ing and cooperation as enunciated in various commu-
niqués, declarations and other legal instruments;
Recalling the Declaration on the Zone of Peace,
Freedom and Neutrality (ZOPFAN) signed in Kuala
Lumpur on 27 November 1971 and the Programme
of Action on ZOPFAN adopted at the 26th ASEAN
Ministerial Meeting in Singapore in July 1993;
Convinced that the establishment of a Southeast Asia
Nuclear Weapon-Free Zone, as an essential compo-
nent of the ZOPFAN, will contribute towards streng-
thening the security of States within the Zone and
towards enhancing international peace and security as
a whole;
Reaffirming the importance of the Treaty on the Non-
Proliferation of Nuclear Weapons (NPT) in prevent-
ing the proliferation of nuclear weapons and in con-
tributing towards international peace and security;
Recalling Article VII of the NPT which recognizes
the right of any group of States to conclude regional
treaties in order to assure the total absence of nuclear
weapons in their respective territories;
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Recalling the Final Document of the Tenth Special
Session of the United Nations General Assembly
which encourages the establishment of nuclear-
weapon-free zones;
Recalling the Principles and Objectives for Nuclear
Non-Proliferation and Disarmament, adopted at the
1995 Review and Extension Conference of the
Parties to the NPT, that the cooperation of all the
nuclear-weapon States and their respect and support
for the relevant protocols is important for the maxi-
mum effectiveness of this nuclear weapon-free zone
treaty and its relevant protocols.
Determined to protect the region from environmental
pollution and the hazards posed by radioactive wastes
and other radioactive material;
Have agreed as follows:
Article 1
USE OF TERMS
For the purposes of this Treaty and its Protocol:
(a) “Southeast Asia Nuclear Weapon-Free Zone”,
hereinafter referred to as the “Zone”, means the
area comprising the territories of all States in
Southeast Asia, namely, Brunei Darussalam,
Cambodia, Indonesia, Laos, Malaysia, Myanmar,
Philippines, Singapore, Thailand and Vietnam,
and their respective continental shelves and Ex-
clusive Economic Zones (EEZ);
(b) “territory” means the land territory, internal wa-
ters, territorial sea, archipelagic waters, the sea-
bed and the subsoil thereof and the airspace
above them;
(c) “nuclear weapon” means any explosive device
capable of releasing nuclear energy in an uncon-
trolled manner but does not include the means of
transport or delivery of such device if separable
from and not an indivisible part thereof;
(d) “station” means to deploy, emplace, implant,
install, stockpile or store;
(e) “radioactive material” means material that con-
tains radionuclides above clearance or exemption
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levels recommended by the International Atomic
Energy Agency (IAEA);
(f) “radioactive wastes” means material that con-
tains or is contaminated with radionuclides at
concentrations or activities greater than clearance
levels recommended by the IAEA and for which
no use is foreseen; and
(g) “dumping” means
(i) any deliberate disposal at sea, including sea-
bed and subsoil insertion, of radioactive
wastes or other matter from vessels, aircraft,
platforms or other man-made structures at
sea, and
(ii) any deliberate disposal at sea, including sea-
bed and subsoil insertion, of vessels, air-
craft, platforms or other man-made struc-
tures at sea, containing radioactive material,
but does not include the disposal of wastes
or other matter incidental to, or derived from
the normal operations of vessels, aircraft,
platforms or other man-made structures at
sea and their equipment, other than wastes
or other matter transported by or to vessels,
aircraft, platforms or other man-made struc-
tures at sea, operating for the purpose of
disposal of such matter or derived from the
treatment of such wastes or other matter on
such vessels, aircraft, platforms or struc-
tures.
Article 2
APPLICATION OF THE TREATY
l. This Treaty and its Protocol shall apply to the
territories, continental shelves, and EEZ of the
States Parties within the Zone in which this Trea-
ty is in force.
2. Nothing in this Treaty shall prejudice the rights
or the exercise of these rights by any State under
the provisions of the United Nations Convention
on the Law of the Sea of 1982, in particular with
regard to freedom of the high seas, rights of in-
nocent passage, archipelagic sea lanes passage or
transit passage of ships and aircraft, and consis-
tent with the Charter of the United Nations.
Article 3
BASIC UNDERTAKINGS
l. Each State Party undertakes not to, anywhere
inside or outside the Zone:
(a) develop, manufacture or otherwise acquire,
possess or have control over nuclear weap-
ons;
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(b) station or transport nuclear weapons by any
means; or
(c) test or use nuclear weapons.
2. Each State Party also undertakes not to allow, in
its territory, any other State to:
(a) develop, manufacture or otherwise acquire,
possess or have control over nuclear weap-
ons;
(b) station nuclear weapons; or
(c) test or use nuclear weapons.
3. Each State Party also undertakes not to:
(a) dump at sea or discharge into the atmos-
phere anywhere within the Zone any radio-
active material or wastes;
(b) dispose radioactive material or wastes on
land in the territory of or under the jurisdic-
tion of other States except as stipulated in
Paragraph 2 (e) of Article 4; or
(c) allow, within its territory, any other State to
dump at sea or discharge into the atmos-
phere any radioactive material or wastes.
4. Each State Party undertakes not to:
(a) seek or receive any assistance in the com-
mission of any act in violation of the provi-
sions of Paragraphs 1, 2 and 3 of this Arti-
cle; or
(b) take any action to assist or encourage the
commission of any act in violation of the
provisions of paragraphs 1, 2 and 3 of this
Article.
Article 4
USE OF NUCLEAR ENERGY FOR
PEACEFUL PURPOSES
1. Nothing in this Treaty shall prejudice the right of
the States Parties to use nuclear energy, in par-
ticular for their economic development and so-
cial progress.
2. Each State Party therefore undertakes:
(a) to use exclusively for peaceful purposes nu-
clear material and facilities which are within
its territory and areas under its jurisdiction
and control;
(b) prior to embarking on its peaceful nuclear
energy programme, to subject its programme
to rigorous nuclear safety assessment con-
forming to guidelines and standards recom-
mended by the IAEA for the protection of
health and minimization of danger to life
and property in accordance with Paragraph 6
of Article III of the Statute of the IAEA;
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(c) upon request, to make available to another
State Party the assessment except informa-
tion relating to personal data, information
protected by intellectual property rights or
by industrial or commercial confidentiality,
and information relating to national security;
(d) to support the continued effectiveness of the
international non-proliferation system based
on the Treaty on the Non-Proliferation of
Nuclear Weapons (NPT) and the IAEA sa-
feguards system; and
(e) to dispose radioactive wastes and other ra-
dioactive material in accordance with IAEA
standards and procedures on land within its
territory or on land within the territory of
another State which has consented to such
disposal.
3. Each State Party further undertakes not to pro-
vide source or special fissionable material, or
equipment or material especially designed or
prepared for the processing, use or production of
special fissionable material to:
(a) any non-nuclear-weapon State except under
conditions subject to the safeguards required
by Paragraph l of Article III of the NPT; or
(b) any nuclear-weapon State except in confor-
mity with applicable safeguards agreements
with the IAEA.
Article 5
IAEA SAFEGUARDS
Each State Party which has not done so shall con-
clude an agreement with the IAEA for the application
of full scope safeguards to its peaceful nuclear activi-
ties not later than eighteen months after the entry into
force for that State Party of this Treaty.
Article 6
EARLY NOTIFICATION OF A NUCLEAR
ACCIDENT
Each State Party which has not acceded to the Con-
vention on Early Notification of a Nuclear Accident
shall endeavour to do so.
Article 7
FOREIGN SHIPS AND AIRCRAFT
Each State Party, on being notified, may decide for
itself whether to allow visits by foreign ships and
aircraft to its ports and airfields, transit of its airspace
by foreign aircraft, and navigation by foreign ships
through its territorial sea or archipelagic waters and
overflight of foreign aircraft above those waters in a
manner not governed by the rights of innocent pas-
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sage, archipelagic sea lanes passage or transit pas-
sage.
Article 8
ESTABLISHMENT OF THE COMMISSION
FOR THE SOUTHEAST ASIA NUCLEAR
WEAPON-FREE ZONE
l. There is hereby established a Commission for
the Southeast Asia Nuclear Weapon-Free Zone,
hereinafter referred to as the “Commission”.
2. All States Parties are ipso facto members of the
Commission. Each State Party shall be repre-
sented by its Foreign Minister or his representa-
tive accompanied by alternates and advisers.
3. The function of the Commission shall be to over-
see the implementation of this Treaty and ensure
compliance with its provisions.
4. The Commission shall meet as and when neces-
sary in accordance with the provisions of this
Treaty including upon the request of any State
Party. As far as possible, the Commission shall
meet in conjunction with the ASEAN Ministerial
Meeting.
5. At the beginning of each meeting, the Commis-
sion shall elect its Chairman and such other offi-
cers as may be required. They shall hold office
until a new Chairman and other officers are
elected at the next meeting.
6. Unless otherwise provided for in this Treaty,
two-thirds of the members of the Commission
shall be present to constitute a quorum.
7. Each member of the Commission shall have one
vote.
8. Except as provided for in this Treaty, decisions
of the Commission shall be taken by consensus
or, failing consensus, by a two-thirds majority of
the members present and voting.
9. The Commission shall, by consensus, agree upon
and adopt rules of procedure for itself as well as
financial rules governing its funding and that of
its subsidiary organs.
Article 9
THE EXECUTIVE COMMITTEE
l. There is hereby established, as a subsidiary or-
gan of the Commission, the Executive Commit-
tee.
2. The Executive Committee shall be composed of
all States Parties to this Treaty. Each State Party
shall be represented by one senior official as its
representative, who may be accompanied by al-
ternates and advisers.
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3. The functions of the Executive Committee shall
be to:
(a) ensure the proper operation of verification
measures in accordance with the provisions
on the Control System as stipulated in Arti-
cle 10;
(b) consider and decide on requests for clarifica-
tion and for a fact-finding mission;
(c) set up a fact-finding mission in accordance
with the Annex of this Treaty;
(d) consider and decide on the findings of a
fact-finding mission and report to the Com-
mission;
(e) request the Commission to convene a meet-
ing when appropriate and necessary;
(f) conclude such agreements with the IAEA or
other international organizations as referred
to in Article 18 on behalf of the Commission
after being duly authorized to do so by the
Commission; and
(g) carry out such other tasks as may, from time
to time, be assigned by the Commission.
4. The Executive Committee shall meet as and
when necessary for the efficient exercise of its
functions. As far as possible, the Executive
Committee shall meet in conjunction with the
ASEAN Senior Officials Meeting.
5. The Chairman of the Executive Committee shall
be the representative of the Chairman of the
Commission. Any submission or communication
made by a State Party to the Chairman of the Ex-
ecutive Committee shall be disseminated to the
other members of the Executive Committee.
6. Two-thirds of the members of the Executive
Committee shall be present to constitute a quo-
rum.
7. Each member of the Executive Committee shall
have one vote.
8. Decisions of the Executive Committee shall be
taken by consensus or, failing consensus, by a
two-thirds majority of the members present and
voting.
Article 10
CONTROL SYSTEM
1. There is hereby established a control system for
the purpose of verifying compliance with the ob-
ligations of the States parties under this Treaty.
2. The Control System shall comprise:
(a) the IAEA safeguards system as provided for
in Article 5;
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(b) report and exchange of information as pro-
vided for in Article 11;
(c) request for clarification as provided for in
Article 12; and
(d) request and procedures for a fact-finding
mission as provided for in Article 13.
Article 11
REPORT AND EXCHANGE OF
INFORMATION
l. Each State Party shall submit reports to the Ex-
ecutive Committee on any significant event with-
in its territory and areas under its jurisdiction and
control affecting the implementation of this
Treaty.
2. The States Parties may exchange information on
matters arising under or in relation to this Treaty.
Article 12
REQUEST FOR CLARIFICATION
1. Each State Party shall have the right to request
another State Party for clarification concerning
any situation which may be considered ambigu-
ous or which may give rise to doubts about the
compliance of that State Party with this Treaty. It
shall inform the Executive Committee of such a
request. The requested State Party shall duly re-
spond by providing without delay the necessary
information and inform the Executive Commit-
tee of its reply to the requesting State Party.
2. Each State Party shall have the right to request
the Executive Committee to seek clarification
from another State Party concerning any situa-
tion which may be considered ambiguous or
which may give rise to doubts about compliance
of that State Party with this Treaty. Upon receipt
of such a request, the Executive Committee shall
consult the State Party from which clarification
is sought for the purpose of obtaining the clarifi-
cation requested.
Article 13
REQUEST FOR A FACT-FINDING MISSION
A State Party shall have the right to request the Ex-
ecutive Committee to send a fact-finding mission to
another State Party in order to clarify and resolve a
situation which may be considered ambiguous or
which may give rise to doubts about compliance with
the provisions of this Treaty, in accordance with the
procedure contained in the Annex to this Treaty.
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Article 14
REMEDIAL MEASURES
l. In case the Executive Committee decides in ac-
cordance with the Annex that there is a breach of
this Treaty by a State Party, that State Party
shall, within a reasonable time, take all steps ne-
cessary to bring itself in full compliance with
this Treaty and shall promptly inform the Execu-
tive Committee of the action taken or proposed
to be taken by it.
2. Where a State Party fails or refuses to comply
with the provisions of Paragraph 1 of this Arti-
cle, the Executive Committee shall request the
Commission to convene a meeting in accordance
with the provisions of Paragraph 3 (e) of Article
9.
3. At the meeting convened pursuant to Paragraph 2
of this Article, the Commission shall consider
the emergent situation and shall decide on any
measure it deems appropriate to cope with the
situation, including the submission of the matter
to the IAEA and, where the situation might en-
danger international peace and security, the Se-
curity Council and the General Assembly of the
United Nations.
4. In the event of breach of the Protocol attached to
this Treaty by a State Party to the Protocol, the
Executive Committee shall convene a special
meeting of the Commission to decide on appro-
priate measures to be taken.
Article 15
SIGNATURE, RATIFICATION, ACCESSION,
DEPOSIT AND REGISTRATION
1. This Treaty shall be open for signature by all
States in Southeast Asia, namely, Brunei Darus-
salam, Cambodia, Indonesia, Laos, Malaysia,
Myanmar, Philippines, Singapore, Thailand and
Vietnam.
2. This Treaty shall be subject to ratification in ac-
cordance with the constitutional procedure of the
signatory States. The instruments of ratification
shall be deposited with the Government of the
Kingdom of Thailand which is hereby designated
as the Depositary State.
3. This Treaty shall be open for accession. The in-
struments of accession shall be deposited with
the Depositary State.
4. The Depositary State shall inform the other
States Parties to this Treaty on the deposit of in-
struments of ratification or accession.
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5. The Depositary State shall register this Treaty
and its Protocol pursuant to Article 102 of the
Charter of the United Nations.
Article 16
ENTRY INTO FORCE
l. This Treaty shall enter into force on the date of
the deposit of the seventh instrument of ratifica-
tion and/or accession.
2. For States which ratify or accede to this Treaty
after the date of this seventh instrument of ratifi-
cation or accession, this Treaty shall enter into
force on the date of deposit of its instrument of
ratification or accession.
Article 17
RESERVATIONS
This Treaty shall not be subject to reservations.
Article 18
RELATIONS WITH OTHER INTERNATIONAL
ORGANIZATIONS
The Commission may conclude such agreements
with the IAEA or other international organizations as
it considers likely to facilitate the efficient operation
of the Control System established by this Treaty.
Article 19
AMENDMENTS
l. Any State Party may propose amendments to this
Treaty and its Protocol and shall submit its pro-
posals to the Executive Committee, which shall
transmit them to all the other States Parties. The
Executive Committee shall immediately request
the Commission to convene a meeting to exam-
ine the proposed amendments. The quorum re-
quired for such a meeting shall be all the mem-
bers of the Commission. Any amendment shall
be adopted by a consensus decision of the Com-
mission.
2. Amendments adopted shall enter into force 30
days after the receipt by the Depositary State of
the seventh instrument of acceptance from the
States Parties.
Article 20
REVIEW
Ten years after this Treaty enters into force, a meet-
ing of the Commission shall be convened for the pur-
pose of reviewing the operation of this Treaty. A
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meeting of the Commission for the same purpose
may also be convened at anytime thereafter if there is
consensus among all its members.
Article 21
SETTLEMENT OF DISPUTES
Any dispute arising from the interpretation of the
provision of this Treaty shall be settled by peaceful
means as may be agreed upon by the States Parties to
the dispute. If within one month, the parties to the
dispute are unable to achieve a peaceful settlement of
the dispute by negotiation, mediation, enquiry or
conciliation, any of the parties concerned shall, with
the prior consent of the other parties concerned, refer
the dispute to arbitration or to the International Court
of Justice.
Article 22
DURATION AND WITHDRAWAL
l. This Treaty shall remain in force indefinitely.
2. In the event of a breach by any State Party of this
Treaty essential to the achievement of the objec-
tives of this Treaty, every other State Party shall
have the right to withdraw from this Treaty.
3. Withdrawal under Paragraph 2 of Article 22,
shall be effected by giving notice twelve months
in advance to the members of the Commission.
IN WITNESS WHERE0F, the undersigned have
signed this Treaty.
DONE at Bangkok, this fifteenth day of December,
thousand nine hundred and ninety-five, in one origi-
nal in the English language.
ANNEX
Procedure for a Fact-Finding Mission
l. The State Party requesting a fact-finding mission
as provided in Article 13, hereinafter referred to
as the “requesting State”, shall submit the re-
quest to the Executive Committee specifying the
following:
(a) the doubts or concerns and the reasons for
such doubts or concerns;
(b) the location in which the situation which
gives rise to doubts has allegedly occurred;
(c) the relevant provisions of this Treaty about
which doubts of compliance have arisen;
and
(d) any other relevant information.
2. Upon receipt of a request for a fact-finding mis-
sion, the Executive Committee shall:
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(a) immediately inform the State Party to which
the fact-finding mission is requested to be
sent, hereinafter referred to as the “receiving
State”, about the receipt of the request; and
(b) not later than 3 weeks after receiving the re-
quest, decide if the request complies with
the provisions of Paragraph l and whether or
not it is frivolous, abusive or clearly beyond
the scope of this Treaty. Neither the request-
ing nor receiving State Party shall partici-
pate in such decisions.
3. In case the Executive Committee decides that the
request does not comply with the provisions of
Paragraph l, or that it is frivolous, abusive or
clearly beyond the scope of this Treaty, it shall
take no further action on the request and inform
the requesting State and the receiving State ac-
cordingly.
4. In the event that the Executive Committee de-
cides that the request complies with the provi-
sions of Paragraph l, and that it is not frivolous,
abusive or clearly beyond the scope of this Trea-
ty, it shall immediately forward the request for a
fact-finding mission to the receiving State, indi-
cating, inter alia, the proposed date for sending
the mission. The proposed date shall not be later
than 3 weeks from the time the receiving State
receives the request for a fact-finding mission.
The Executive Committee shall also immediately
set up a fact-finding mission consisting of 3 in-
spectors from the IAEA who are neither nation-
als of the requesting nor receiving State.
5. The receiving State shall comply with the request
for a fact-finding mission referred to in Para-
graph 4. It shall cooperate with the Executive
Committee in order to facilitate the effective
functioning of the fact-finding mission, inter alia,
by promptly providing unimpeded access of the
fact-finding mission to the location in question.
The receiving State shall accord to the members
of the fact-finding mission such privileges and
immunities as are necessary for them to exercise
their functions effectively, including inviolability
of all papers and documents and immunity from
arrest, detention and legal process for acts done
and words spoken for the purpose of the mission.
6. The receiving State shall have the right to take
measures to protect sensitive installations and to
prevent disclosures of confidential information
and data not related to this Treaty.
7. The fact-finding mission, in the discharge of its
functions, shall:
(a) respect the laws and regulations of the re-
ceiving State;
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(b) refrain from activities inconsistent with the
objectives and purposes of this Treaty;
(c) submit preliminary or interim reports to the
Executive Committee; and
(d) complete its task without undue delay and
shall submit its final report to the Executive
Committee within a reasonable time upon
completion of its work.
8. The Executive Committee shall:
(a) consider the reports submitted by the fact-
finding mission and reach a decision on
whether or not there is a breach of this Trea-
ty;
(b) immediately communicate its decision to the
requesting State and the receiving State; and
(c) present a full report on its decision to the
Commission.
9. In the event that the receiving State refuses to
comply with the request for a fact-finding mis-
sion in accordance with Paragraph 4, the request-
ing State through the Executive Committee shall
have the right to request for a meeting of the
Commission. The Executive Committee shall
immediately request the Commission to convene
a meeting in accordance with Paragraph 3(e) of
Article 9.
Protocol to The Treaty on Southeast
Asia Nuclear Weapon-Free Zone
The States Parties to this Protocol,
Desiring to contribute to efforts towards achieving
general and complete disarmament of nuclear weap-
ons, and thereby ensuring international peace and
security, including in Southeast Asia;
Noting the Treaty on the Southeast Asia Nuclear
Weapon-Free Zone, signed at Bangkok on the fif-
teenth day of December, one thousand nine hundred
and ninety-five;
Have agreed as follows:
Article 1
Each State Party undertakes to respect the Treaty on
the Southeast Asia Nuclear Weapon-Free Zone, here-
inafter referred to as the “Treaty”, and not to contrib-
ute to any act which constitutes a violation of the
Treaty or its Protocol by States Parties to them.
Article 2
Each State Party undertakes not to use or threaten to
use nuclear weapons against any State Party to the
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Treaty. It further undertakes not to use or threaten to
use nuclear weapons within the Southeast Asia Nu-
clear Weapon-Free Zone.
Article 3
This Protocol shall be open for signature by the Peo-
ple’s Republic of China, the French Republic, the
Russian Federation, the United Kingdom of Great
Britain and Northern Ireland and the United States of
America.
Article 4
Each State Party undertakes, by written notification
to the Depositary State, to indicate its acceptance or
otherwise of any alteration to its obligation under this
Protocol that may be brought about by the entry into
force of an amendment to the Treaty pursuant to Ar-
ticle 19 thereof.
Article 5
This Protocol is of a permanent nature and shall re-
main in force indefinitely, provided that each State
Party shall, in exercising its national sovereignty,
have the right to withdraw from this Protocol if it
decides that extraordinary events, related to the sub-
ject-matter of this Protocol, have jeopardized its su-
preme national interests. It shall give notice of such
withdrawal to the Depositary State twelve months in
advance. Such notice shall include a statement of the
extraordinary events it regards as having jeopardized
its supreme national interests.
Article 6
This Protocol shall be subject to ratification.
Article 7
This Protocol shall enter into force for each State
Party on the date of its deposit of its instrument of
ratification with the Depositary State. The Depositary
State shall inform the other States Parties to she Trea-
ty and to this Protocol on the deposit of instruments
of ratification.
IN WITNESS WHEREOF the undersigned, being
duly authorized by their Governments, have signed
this Protocol.
DONE at Bangkok this fifteenth day of December,
one thousand nine hundred and ninety-five, in one
original in the English language.
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